Contested vs. Uncontested Divorce

Contested vs. Uncontested Divorce

When a couple decides that their marriage simply is no longer working and they begin researching the different types of divorce, there are a number of options that need to be considered. Some couples may be able to stay out of court entirely with their divorce and go through an uncontested divorce. However, there are some divorces that are much more complicated. These may require the couple to go to court and have a judge finalize all of the decisions that occur.

One of the most commonly used methods of divorce is contested divorce. Contested divorces usually take about a year because there is a long amount of time in court spend on the discovery period. During the discovery period, all of the finances are looked at to determine each person’s net worth. This is used to determine the amount of child support payments that must be made, if there is any reason for one of the spouses to receive alimony payments, and helps with the equitable distribution process. The reason that a contested divorce takes so long is because there are so many factors that must be litigated about in court. This is especially difficult when neither spouse wants to negotiate whether it is about equitable distribution, child custody, child support or alimony payments.

Uncontested divorces are generally settled out of court and do not require couples to go through litigation. Divorces of this type usually only take about three months and are much less expensive than contested divorce. This is because of the fact that when you complete your divorce out of court, you do not have to pay the legal fees that have a tendency to add up very quickly, especially when the divorce can take nearly a year. Luckily, uncontested divorces are somewhat easier than those that are contested, though they are obviously still quite emotional.

If you are considering getting a divorce, you will need an experienced divorce attorney who can assist  you in any questions that you may have during this time. They can help guide you in the direction of what type of divorce may be best for you.

Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.

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